General Terms and Conditions
1. Basic provisions
1.1. These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
MORAVIA PROPAG, s.r.o.
Company Reg. No.: 255 04 428
with its registered office at Brno, Karásek 7, postcode 62100, Czech Republic
registered at the Regional Court in Brno under File No. C 78549
Tel: +420 541 421 811
(hereinafter referred to as the "Seller")
1.2. These Terms and Conditions apply exclusively to the purchase of goods from the online shop located at www.my-cc-shop.com, primarily Coca-Cola promotional items.
1.3. These Terms and Conditions govern the mutual rights and obligations of the Seller and natural person who concludes a purchase contract outside of their business activity as a consumer (hereinafter referred to as the "Buyer") through the web interface located on the Web site at www.my- cc-shop.com (hereinafter referred to as the "online shop").
1.4. The Buyer acknowledges that the online shop is intended only for employees of The Coca-Cola Company consortium of companies and authorized bottlers.
1.5. The provisions of the Terms and Conditions are an integral part of the purchase contract. Differing arrangements in the purchase contract take precedence over the provisions of these Terms and Conditions.
1.6. These Terms and Conditions and the purchase contract are concluded in the language of the online shop chosen by the Buyer.
2. Product and price information
2.1. Information on the goods, including the prices of individual goods and their main features, are provided for individual goods in the online shop catalog. The prices of the goods are listed including VAT, all related fees, and the cost of returning the goods if these goods cannot by their nature be returned by normal mail. Product prices remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.
2.2. All presentations of the goods placed in the online shop catalog are informative and the Seller is not obliged to conclude a purchase contract for these goods.
2.3. Information on costs associated with the packing and delivery of goods is published in the online shop. Information on the costs associated with the packing and delivery of goods listed in the online shop is valid only in cases when the goods are delivered within the territory of the Czech Republic and the Slovak Republic
2.4. Any discounts on the purchase price of goods, events and loyalty programs can not be combined together, unless the Seller and the Buyer otherwise agree.
3. Order and conclusion of the purchase contract
3.1. Costs incurred by the Buyer when using a remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer alone. These costs do not differ from the basic rate.
3.2. The Buyer performs the order of goods through his/her customer account if he/she has previously registered in the online shop.
3.3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
3.4. Before sending the order, the Buyer is allowed to check and modify the data he/she has placed in the order. The order will be sent by the Buyer to the Seller by clicking the Order button. The data listed in the order are deemed correct by the Seller. The condition for the validity of the order is the filling in of all required data in the order form and confirmation by the Buyer that he/she has become acquainted with these Terms and Conditions.
3.5. Immediately upon receipt of the order, the Seller will send the Buyer an acknowledgment of receipt of the order to the email address the Buyer entered upon ordering. This confirmation is considered to be the conclusion of a contract.
3.6. In the event that any of the requirements specified in the order can not be met by the Seller, the Buyer will send a modified offer to his / her email address. The amended offer is considered a new draft purchase contract and the purchase contract is then concluded by the Buyer's confirmation of acceptance of this offer by the Seller to its email address specified in these Terms and Conditions. The Seller can cancel the order if it cannot deliver the goods.
3.7. All orders accepted by the Seller are binding. The Buyer can cancel the order until the goods are shipped. The Buyer may cancel the order by phone on the Seller's phone number or email specified in these Terms and Conditions.
3.8. In the event of an obvious technical error on the part of the Seller when the price of the goods is placed in the online shop or during ordering, the Seller is not obliged to deliver the goods to the Buyer at such a manifestly erroneous price, even if the Buyer has received an automatic receipt of the order according to these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and will send the Buyer a modified offer to his / her email address. The amended offer is considered a new draft purchase contract and the purchase contract is then concluded by the Buyer's confirmation of acceptance of this offer by the Seller to its email address.
4. Customer account
4.1. Based on the Buyer registration done in the online shop, the Buyer can access their customer account. The Buyer can order goods from his/her customer account.
4.2. When registering to a customer account and ordering goods, the Buyer is obligated to provide all information correctly and truthfully. The details given in the user account are obligatory for the Buyer to update upon any change. The details given by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
4.3. Access to the customer account is secured by username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4.4. The Buyer is not authorized to allow the use of the customer account to third parties.
4.5. The Seller may cancel the user account, especially if the Buyer does not use his user account any longer, or if the Buyer violates his obligations under the purchase contract and these Terms and Conditions.
4.6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller or the necessary maintenance of hardware and software of third parties.
5. Terms of payment and delivery of goods
5.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods in accordance with the purchase contract in the following ways:
- by wire transfer to the Seller's bank account,
- cash on delivery of the goods.
5.2. In the case of cash payments, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the purchase contract being concluded.
5.3. In the case of a non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
5.4. The Seller does not require any advance or other similar payment in advance from the Buyer. Payment of the purchase price before shipment of goods is not a deposit.
5.5. The goods are delivered to the Buyer:
- to the address specified by the Buyer in the order,
- by personally picking up at the Seller 's premises, or
- by sending to the employer where the goods are picked up by the Buyer.
5.6. The delivery method is chosen during the ordering of the goods.
5.7. The cost of the delivery of goods, depending on the method of dispatch and receipt of the goods, is stated in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is agreed upon at the Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
5.8. If the Seller is obliged to deliver the goods in the place specified by the Buyer in the order, according to the purchase contract, the Buyer is obliged to take over the goods upon delivery. If the Buyer requires the delivery of the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or as the case may be the costs associated with another delivery method.
5.9. Upon receipt of the goods from the transporter, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, the Buyer is not required to take delivery of the consignment from the carrier.
5.10. The Seller shall issue to the Buyer a tax document - an invoice. The tax document is sent to the Buyer's email address.
5.11. The Buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for the accidental destruction, damage or loss of the goods passes to the Buyer at the moment of taking over the goods or when the Buyer was obliged to take over the goods but did not do so in contravention of the purchase contract.
6. Withdrawal from the contract
6.1. A Buyer who has concluded a purchase contract outside his/her business as a consumer has the right to withdraw from the purchase contract.
6.2. The withdrawal period is 14 days:
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts,
- from the date of receipt of the first delivery of goods, if the subject of the Contract is the regular repeated delivery of goods.
6.3. The Buyer cannot, among other things, withdraw from the purchase contract:
- for the provision of services, if they were fulfilled with his/her prior express consent before the expiration of the withdrawal period and the Seller had informed the Buyer, before concluding the contract, that in this case he/she had no right to withdraw from the contract,
- for the supply of goods or services the price of which depends on financial market fluctuations, irrespective of the seller's will, which may occur during the withdrawal period from the contract,
- for the supply of alcoholic beverages which can be delivered only after thirty days and whose price depends on financial market deviations independent of the Seller's will,
- for the supply of goods which has been adjusted according to the Buyer's wish or for his/her person,
- for the supply of goods which are subject to rapid deterioration, as well as goods which have been irrevocably mixed after delivery with other goods,
- for the shipment of sealed goods that the Buyer has removed from their packaging and which cannot be returned due to hygienic reasons,
- for delivering an audio or video recording or a computer program if he/she has broken its original packaging,
- for the supply of newspapers, periodicals or magazines
- for the delivery of digital content, if not supplied on a tangible medium and if it was delivered with the previous explicit consent of the Buyer before the expiry of the deadline for withdrawal from the contract and the Seller informed the Buyer before concluding the contract, that in this case he/she does not have the right to withdrawal from the contract,
- in other cases referred to in Section 1837 of the Civil Code.
6.4. To comply with the withdrawal period, the Buyer must submit a declaration of withdrawal within the withdrawal period.
6.5. In order to withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller (for download here). Withdrawal from the purchase contract will be sent by the Buyer to the Seller's email address or mailing address specified in these Terms and Conditions. The Seller shall acknowledge receipt of the form without undue delay to the Buyer.
6.6. The Buyer who has withdrawn from the contract is obliged to return the goods within 14 days of withdrawal from the contract to the Seller. The Buyer bears the cost of returning the goods to the Seller, even if the goods can not be returned by their normal postal route.
6.7. If the Buyer withdraws from the contract, the Seller shall return all funds, including the delivery costs received from him/her, in the same manner without delay, but no later than within 14 days of withdrawal. The Seller shall return the received money to the Buyer using a different method only if the Buyer agrees and does not incur any additional costs.
6.8. If the Buyer opts for a method of delivering the goods other than the cheapest offered by the Seller, the Seller shall refundthe Buyer the cost of delivering the goods corresponding to the cheapest offered method of delivering the goods.
6.9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods to it or proves that the goods have been dispatched to the Seller.
6.10. The Buyer must return the goods to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally offset a claim for damages arising out of the goods against the Buyer's right to a refund of the purchase price.
6.11. The Seller is entitled to withdraw from the purchase contract due to a sellout, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract, return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the Buyer.
7. Rights from defective performance
7.1. The Seller is liable to the Buyer that the goods are not defective upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
- the goods have the characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and based on the advertising carried out by them,
- the goods are fit for the purpose which the Seller indicates or to which goods of this type are normally used,
- the goods correspond to the quality or performance of the agreed sample or original if the quality or performance was determined according to the agreed sample or model, the goods are in the appropriate quantity, degree or weight and the goods comply with the legal requirements.
7.2. The Buyer is entitled to exercise the right of defect in the warranty period. Unless otherwise stated, the warranty period is 24 months. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods caused by their normal use, for used goods, for a defect corresponding to the degree of use or wear which the goods had at the time of takeover by the Buyer, if it's in the nature of the goods.
7.3. In the event of a defect, the Buyer may submit a claim to the Seller requesting:
- an exchange for new goods.
- the repair of the goods,
- a reasonable discount from the purchase price,
- a withdrawal from the contract.
7.4. The Buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if the item can not be properly used on account of recurring defects or defects after repair,
- if there are a greater number of defects in the goods.
7.5. The Seller is obliged to accept a claim at any establishment in which the acceptance of a claim is possible, or at the registered office or place of business. The Seller is required to provide the Buyer with a written confirmation of the Buyer's exercising of the claim, what the content of the claim is, and what method of processing the claim is selected by the Buyer, as well as a confirmation of the date and manner of processing the claim, including the confirmation of the repair and the duration of the claim, or a written justification for the refusal of the claim.
7.6. The Seller or their authorized representative decides on the claim immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The expiration of this period is considered as a material breach of the contract and the Buyer has the right to withdraw from the purchase contract. The moment of claim is deemed to be the moment when the Buyer's will (the claim of defective performance) manifests to the Seller.
7.7. The Seller shall inform the Buyer in writing of the outcome of the claim.
7.8. The right of defective performance of the Buyer does not pertain to the Buyer if he/she knew before the takeover of the item that the item was defective or if the Buyer caused the defect itself.
7.9. In the case of a legitimate claim, the Buyer has the right to a reimbursement of the expenses incurred in connection with the claim. This right may be exercised by the Buyer at the Seller within one month after the expiration of the warranty period.
7.10. The Buyer has the choice of the method of the claim.
7.11. The rights and obligations of the Contracting parties regarding the rights to defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.
8.1. The Contracting Parties may deliver all correspondence in writing via electronic mail.
8.2. The Buyer delivers the correspondence to the Seller at the email address provided in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer at the email address listed in his customer account or in the order.
9. Out-of-court resolution of disputes
9.1. The out-of-court settlement of consumer disputes from the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company Reg. No.: 000 20 869, Internet address: https://adr.coi.cz/en. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the purchase contract.
9.2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on ‑ line).
9.3. The Seller is authorized to sell the goods on the basis of a trade license. The trade license control is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech trade inspection is exercised within a defined scope, inter alia, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.
10. Protection of personal data
10.1. This Article establishes the personal data protection rules of the Buyer within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council - General Data Protection Regulation (hereafter "GDPR"). The Seller abides by GDPR during the processing of the personal data of the Buyer and processes personal data only in compliance with GDPR.
10.2. When registering a user account and entering into a purchase contract, the Buyer's personal data are transferred to the Seller and processed by the Seller.
10.3. The personal information that the Seller will process about the Buyer is his/her name, email, telephone, billing information (street, house/apt. number, city, postcode) and the purchases made.
10.4. The legal basis for the processing of personal data is that such personal data are necessary to conclude a purchase contract, to fulfill a purchase contract, to invoice and to claim warranty rights or to return goods.
10.5. Personal data will be processed by the Seller for the duration of the contract, the warranty period and 10 years after the warranty period as evidence against legal claims. Personal data that is required to be retained under applicable laws will be processed for the period specified by the applicable law. Personal data processed in connection with a user account will be processed 10 years after the last login if the Buyer does not cancel their account earlier.
10.6. Personal data will be accessible to the employees of the Seller and external processors – including accounting, tax, legal, and marketing consultants of the Seller. The Seller is also entitled to pass on the Buyer's personal contact details for the purpose of transporting the goods to the carrier.
10.7. Personal data will only be transferred to a third country or international organization in the event of data backups in order to better protect data and personal data from loss or destruction.
10.8. The Buyer has the right to correct or supplement personal data, request a limitation of processing, object or make a complaint against the processing of personal data, request the transfer of data, access to his / her personal data, be informed about a personal data breach, deletion and other rights set forth in the GDPR.
10.9. The Buyer may at any time lodge a complaint with respect to the processing of personal data or failure to comply with the GDPR's obligations to the Supervisory Authority. The Supervisory Authority is the Office for Personal Data Protection in the Czech Republic, headquartered at Pplk Sochora 27, 170 00 Prague 7, www.uoou.cz.
11. Final provisions
11.1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If a relationship based on a purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
11.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the meaning of the provisions of Section 1826 1 letter e) of the Civil Code.
11.3. All rights to the Seller's website, in particular copyrights to the content, including page layouts, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the website or any part thereof without the consent of the Seller.
11.4. The Seller is not responsible for any errors resulting from third party intervention in the online shop or as a result of its use contrary to its intended purpose. When using the online shop, the Buyer may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components that make up the online shop and use the online shop or its parts or software in a way that is inconsistent with its designation or purpose.
11.5. The Buyer thus takes on the risk of changing circumstances within the meaning of Section 1765 para. 2 of the Civil Code.
11.6. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.7. The Seller may change or add the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
11.8. A template for withdrawal from the contract is an Annex to the Terms and Conditions.
These Terms and Conditions will become effective on 25 May 2018.